Skakel's defense discloses witness list for April trial

David Hennessey

Updated 10:39 pm, Friday, March 15, 2013

Photo: Jessica Hill, Associated Press

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In this Oct. 24, 2012, file photo, Michael Skakel listens during a parole hearing at McDougall-Walker Correctional Institution in Suffield, Conn. Prosecutors want a judge to dismiss Michael Skakel's latest challenge of his 2002 murder conviction, saying the Kennedy cousin's claim that his trial attorney did a poor job should have been raised in an earlier appeal and that many of the issues he cites were previously rejected, Wednesday, Feb. 13, 2013. (AP Photo/Jessica Hill, Pool, File) less

The Kennedy cousin, convicted of killing Greenwich teenager Martha Moxley after a blockbuster trial in 2002, is serving 20 years to life for the crime.

But Skakel will return to a courtroom in April to once again fight for his freedom.

A trial, which will revolve around Skakel's claims that his attorney at the time of the 2002 trial, Mickey Sherman, did not ably defend him, is slated to begin April 15 in state Superior Court in Rockville.

Attorneys for Skakel must show that Sherman's counsel was ineffective and that it had a negative effect on the outcome of the trial.

There has been a flurry of activity in the case over the past two weeks, as Skakel's defense has disclosed a list of more than 30 witnesses and the names of expert witnesses, as well as their roles in the trial.

Skakel's defense also filed a notice of intent to appeal, dated March 7, that challenges a judge's recent ruling.

Included in the witness list are Mark Fuhrman, the former Los Angeles Police detective who fingered Skakel as Moxley's killer in his 1998 book "Murder in Greenwich," Frank Garr, who worked as an investigator on the case, and Sherman.

Skakel claimed multiple shortcomings by Sherman at trial, including his failure to gather witnesses who could have challenged the prosecutors' case, a missed opportunity to object to improper closing arguments and his handling of the case's transfer from juvenile court.

In his decision, Sferrazza said the closing arguments and juvenile court transfer issues were previously upheld and could not be argued again.

The judge ruled that other components of Skakel's claims can move forward, however. Skakel's appeal would not be filed until after the April 15 trial, Santos said.

"After that's over, we reserve the right to appeal on those issues," he said.

Supervisory Assistant State's Attorney Susann Gill said Friday she is still considering whether to appeal Sferrazza's latest decision. She declined to comment further.

Skakel's conviction was affirmed on direct appeal in 2006.

After a full evidentiary hearing, a trial court in 2007 denied Skakel's petition for a new trial.